Legal Question in Real Estate Law in California
Trying to get out from under a cheating landloard
We have been trying to get out of our lease early and our landlord has told us there is no way unless we giveup our one thousand dollar deposit.
we do not fell that this is fair seeing how our lease agreement does not state anything about this.
we have offered to find another tenant, the landlord said no. we have offered to pay any cleaning and maintanence costs the land lord said no. what can we do. We have a deed of trust that the landlord signed when he refinanced this house and he implied on the deed of trust that he was the primary resident, but we were living here at the time. We feel that this is wrong of him and would like out of our lease.
1 Answer from Attorneys
Re: Trying to break lease.
If you want to report the landlord for falsifying a credit application, which may be a federal
as well as state offense, then do so. But don't blackmail him.
If you can provide a new tenant, with appropriate credit, then the landlord should suffer no loss from
your breaking the lease. In the end, he cannot recover anything from you, or even keep your deposit. But
whether he has any loss may not be known until the end of your lease term, which is when you have the best
chance to demand the return of the full deposit. If you cannot provide a tenant, the landlord may recover (or, if the
deposit agreement allows the use of the deposit for all damages) keep from the deposit any loss which he incurs
by your breaking the lease, and which he cannot avoid by taking reasonable action to re-let the place.
Jed Somit
Jed Somit, Attorney at Law
1440 Broadway - Suite 910
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